Capa v Minister for Immigration & Multicultural Affairs [2001] FCA 898

FEDERAL COURT OF AUSTRALIA Capa v Minister for Immigration & Multicultural Affairs [2001] FCA 898

MIGRATION – application for protection visa – review of decision of Refugee Review Tribunal – applicant a citizen of Albania whose name was on a "hit list" in 1991 – whether the applicant was persecuted in 1991 – Refugee Review Tribunal did not make a finding on whether or not the applicant was currently on a "hit list" – whether this constitutes an error of law Migration Act 1958 (Cth) s 476(1)(e), s 476 (1)(b) Minister for Immigration & Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred to Chan Yee Kin v Minister for Immigration & Ethnic Affairs (1989) 169 CLR 379 referred to Minister for Immigration & Ethnic Affairs v Guo (1997) 191 CLR 559 referred to Minister for Immigration & Multicultural Affairs v Thiyagarajah (2000) 199 CLR 343 referred to Minister for Immigration & Multicultural Affairs v Y [2001] FCA 859 referred to Minister for Immigration & Multicultural Affairs v Yusuf (2001)180 ALR 13 referred to Li Shi Ping v Minister for Immigration, Local Government and Ethnic Affairs (1994) 35 ALD 225 referred to Khan v Minister for Immigration & Multicultural Affairs [2001] FCA 736 referred to RAMAZAN CAPA v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS V 766 OF 2000 HELY J 18 JULY 2001 SYDNEY (HEARD IN MELBOURNE)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 766 OF 2000

BETWEEN: RAMAZAN CAPA

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS

RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 18 JULY 2001

WHERE MADE: SYDNEY (HEARD IN MELBOURNE)

THE COURT ORDERS THAT: 1. The application be dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.